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Queries Participated

Rekha.....   13 October 2008 at 18:32

summon under NIA Sec.138

Dear Sir, M’m
Good Evening
How to issue summon under sec 138(NIA)
The fact of the matter is that our client received cheque of Rs.3,00,000 from the party. The cheque was dishonored by the bank and having endorsement that account is closed. At the time of issuing the cheque, the account was not closed but at the time of depositing the said cheque with the bank the party’s account was closed. Now party is not traceable. The party left the town. We inquired about his whereabouts but address is found but he is not living there. PlZ. let me know how V should proceed further.
If it is convenient to u pl. inform us immediately.
Thanx

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vinod bansal   10 October 2008 at 19:46

Maintainability

Sir
my criminal complaint was dismissed and accused were aquitted after trial by judicial magistratr I class Narwana(Haryana)Now i want to file crl appeal against this order whether my crl appeal is maintainable in the court of sessions judge or i have to moved directly before Highcourt. Plz enlighten me. Thanku

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salilkumarp   08 October 2008 at 18:26

138 NI ACT

SIRS,
IN ONE OF MY CASES,ALLEGATION WAS THAT ACCUSED ISSUED ANOTHER PERSON"S CHEQUE TO THE COMPLAINANT IN DISCHARGE OF A DEBT AND HENCE COMMITTED AN OFFENCE OF CHEATING.BUT , COMPLAINT WAS FILED U/S 138 OF NI ACT AND THE TRIAL COURT CONVICTED THE ACCUSED U/S 138 NI ACT.IN THE APPELLATE COURT, MY CONTENTION THAT OFFENCE OF 138 WILL NOT LIE WAS ACCEPTED.BUT THE RESPONDENT ARGUED THAT , EVENIF, 138 WILLNOT LIE, COURT CAN ALTER CHARGE U/S 222(1) OF CRPC FROM, 138 NI ACT TO 420 IPC.
WHETHER ALTERATION OF CHARGE CAN BE DONE AT ANY STAGE ? EVEN AT APPELLATE STAGE ?
PLS ADVISE ME

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salilkumarp   08 October 2008 at 18:15

kerala abkari act

sirs,
facts of my case is that 3 persons were found transporting indian made foreign licquior from pondichery state to kerala state in an auto-riksha.
accused no. 1and 2 were passengers sitting in the back seat carrying the entire contra- band articles.nothing was recovered from the possession of a 3 (driver).excise officals also admitted that they have not seen driver helping the passengers to put the mo in to his auto also.
I AM FOR A 3(AUTO DRIVER) ONLY.
IN THIS CASE, EVEN IF THE ENTIRE PROSECUTION CASE IS ADMITTED, IS IT NOT A3 ENTITLED TO ACQUITTAL ?
I AM TOLD THAT SUPREME COURT HAS MADE THIS POSITION CLEAR IN 1967 STATING THAT IN SUCH CASES PROSECUTION HAS TO PROVE THAT MOS WERE TRANSPORTED WITH THE KNOWLEDGE AND CONNIVANCE OF DRIVER ALSO.OTHERWISE, DRIVER IS NOT LIABLE.
ANYBODY, HAVING THAT PARTICULAR RULING/ ANY OTHER LATEST RULING, REPORTED IN AIR,CRIMINAL LAW JOURNAL. KLT, KLD,
PLS FURNISH

THANKS

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advocate satya   07 October 2008 at 14:10

eligibility for JUDICIAL EXAM

sir
if someone pass out llb in the year 1998, but did not regd with bar council, he has made regn in the year 2006, can he eligible for judiciary exam which require seven years of practise

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susanth nair s   04 October 2008 at 06:47

prohibition on publicsmoking

plz provide the prohibition of smoking in public places rules 2008 whether barassociation hall comes under the defnition of publicplace

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rahul   30 September 2008 at 19:55

about cross -in-examination in criminal trial.

whether cross in examination can be reopened in the matter of section 138 of N.I.Act?

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SHEKHAR MISHRA   29 September 2008 at 16:50

burden of proof.

A is charged with travelling on a railway without ticket.He denies this, on whom does the burden lies?

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SHEKHAR MISHRA   29 September 2008 at 16:16

SECTION 313 OF Cr.P.C.

At the trial, the accused pleads guilty to the charge. The magistrate does not record the statement of the accused under sec.313 of crpc and convicts him.Is it a valid order?

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salilkumarp   28 September 2008 at 12:58

FAKE SURETY IN COURT

SIRS,
TWO PERSONS STOOD AS SURETY FOR AN ACCSUED, PRODUCING THEIR LAND TAXPAID RECEIPT , ALLEGED TO HAVE BEEN ISSUED BY CONCERNED VILLAGE OFFICER.
BUT ON VERIFICATION, MAGISTRATE CAME TO KNOW THAT SURETIES ARE FAKE....THEY HAVE NO LANDED PROPERTIES....TAX PAID RECEIPT
IS A FORGED DOCUMENT.SO, MAGISTRATE TOOK CAse u/s 463 471 475 ipc by handing over acomplaint to police u/s 190 crpc.
now the same court is trying the matter and magistrate himself was examined as pw1
......fortunately he was transfered by that time ! is it an illegality ?
what is 340 crpc and 195 crpc ?
non--transfering of case to another court will vitiate the trail?
any citations ?

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